In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.

Biographical note

Nout van Woudenberg is legal counsel at the International Law Division, Ministry of Foreign Affairs of the Kingdom of the Netherlands, where he has worked since 1998. Within the Division, he is -amongst others- responsible for the international legal aspects of cultural property and its protection. Since 2007, the Netherlands is one of the members of the Committee for the Protection of Cultural Property in the Event of Armed Conflict under the 1999 Second Protocol; Van Woudenberg currently acts as vice-Chairman of this Committee.

Liesbeth Lijnzaad is the Legal Adviser, Head of the International Law Division, Ministry of Foreign Affairs of the Kingdom of the Netherlands,where she has worked since 1994. She participated in the Diplomatic Conference of March 1999, where the 1999 Second Protocol was adopted. She is an expert on international humanitarian law.

Table of contents

Introduction Nout van Woudenberg and Liesbeth Lijnzaad;
Message from Mr Koichiro Matsuura, Director-General of UNESCO; Words of Welcome; Adriaan Bos
Chapter 1 The road to the 1999 Second Protocol Jiři Toman;
Chapter 2 New rules for the protection of cultural property in armed conflict: The significance of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict Jean-Marie Henckaerts;
Chapter 3 Military necessity under the 1999 Second Protocol Kevin Chamberlain;
Chapter 4 Enhanced Protection: A new form of protection under the 1999 Second Protocol Nout van Woudenberg;
Chapter 5 Great expectations? Towards an effective application of the regime of enhanced protection in the Second Protocol to the Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict Ariel W. Gonzalez;
Chapter 6 Enhancing individual criminal responsibility for offences involving cultural property – the road to the Rome Statute and the 1999 Second Protocol Mireille Hector;
Chapter 7 Investigation and prosecution of crimes against cultural property Susan Somers;
Chapter 8 Th e protection of cultural property in non-international armed conflicts Jean-Marie Henckaerts;
Chapter 9 Dissemination of the 1954 Hague Convention and the 1999 Second Protocol: Embedding cultural property protection within the military Joris D. Kila;
Chapter 10 Elaboration and legal implementation of the 1999 Second Protocol: The Dutch finger on the pulse Nout van Woudenberg;
Chapter 11 The Dutch Ministry of Defence and the protection of cultural heritage Robert Gooren;
Chapter 12 The implementation of the Second Protocol to the 1954 Hague Convention in the Republic of Macedonia Lazar Sumanov and Jovan Ristov; Appendix: 2002 Ohrid Declaration;
Chapter 13 Iraq and the Second Protocol to the 1954 Hague Convention Marja van Heese;
Chapter 14 Sleeping Beauty, the untold story of the (first) Protocol to the 1954 Hague Convention Liesbeth Lijnzaad;
Documents:
Convention for the Protection of Cultural Property in the Event of Armed Conflict;
Regulations for the Execution of the Convention for the Protection of Cultural Property in the Event of Armed Conflict;
First Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954;
Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict;
Act of 19 June 2003 Containing Rules Concerning Serious Violations of International Humanitarian Law (International Crimes Act);
Act of 8 March 2007 containing rules on the taking into custody of cultural property from an occupied territory during an armed confl ict and for the initiation of proceedings for the return of such property (Cultural Property Originating from Occupied Territory (Return) Act);
International Tribunal for the Former Yugoslavia;
Excerpts from: Prosecutor v. Pavle Strugar;
Index.

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